Ending 40 years of judicial deference to administrative agencies’ interpretations of ambiguous statutes governing them, the Supreme Court of the United States finally pulled the plug on this experiment that it, just five...more
7/23/2024
/ Administrative Agencies ,
Administrative Authority ,
Administrative Procedure Act ,
Affordable Housing ,
Chevron Deference ,
Chevron v NRDC ,
Fair Housing Act (FHA) ,
Government Agencies ,
HUD ,
Loper Bright Enterprises v Raimondo ,
SCOTUS ,
Statutory Interpretation ,
Urban Planning & Development ,
USDA
AGG’s Government Investigations Team Insights provides periodic updates covering legal and regulatory topics. Our team, which includes former federal prosecutors, SEC enforcement attorneys, and federal agency attorneys, has...more
7/23/2024
/ Administrative Authority ,
Administrative Law Judge (ALJ) ,
Artificial Intelligence ,
Drug Trafficking ,
Expert Testimony ,
Expert Witness ,
False Claims Act (FCA) ,
Federal Rules of Civil Procedure ,
Fraud ,
Government Agencies ,
Government Investigations ,
Health Care Providers ,
Jury Trial ,
Medicare ,
Qui Tam ,
Regulatory Authority ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Statutory Authority ,
Whistleblowers
In this episode, AGG Post-Acute & Long-Term Care co-chair Jason Bring is joined by AGG Healthcare attorney Charmaine Mech to discuss the latest developments in the palliative care industry across the country. Jason and...more
In this episode, AGG Healthcare Litigation co-chair Jason Bring continues his discussion on agency deference with AGG Healthcare Litigation partner Brian Stimson in the aftermath of the Supreme Court's opinion in Loper Bright...more
On June 27, 2024, the Supreme Court of the United States released its opinion in SEC v. Jarkesy, a case involving a Securities and Exchange Commission (“SEC”) enforcement action for civil penalties against an investment...more
7/3/2024
/ Administrative Appeals ,
Administrative Authority ,
Administrative Law Judge (ALJ) ,
Administrative Proceedings ,
Department of Health and Human Services (HHS) ,
Healthcare ,
Jury Trial ,
Medicaid ,
Medicare ,
OMHA ,
SCOTUS ,
SEC v Jarkesy ,
Securities and Exchange Commission (SEC) ,
Securities Fraud ,
Seventh Amendment
Ending 40 years of judicial deference to administrative agencies’ interpretations of ambiguous statutes governing them, the Supreme Court of the United States finally pulled the plug on this experiment that, just five years...more
In this episode, AGG Healthcare Litigation co-chair Jason Bring is joined by AGG Healthcare Litigation partners Rich Collins and Damon Eisenbrey to discuss what you can do when insurance companies deny behavioral health...more
In this episode, AGG Post-Acute & Long-Term Care co-chair Jason Bring is joined by Megan Turby and Lisa Barker, MD, of Gulfside Healthcare Services in Land O' Lakes, Florida. AGG represented Gulfside in a series of hospice...more
In this episode, AGG Healthcare Litigation co-chair Jason Bring discusses the evolving landscape of agency deference with AGG Healthcare Litigation partner Brian Stimson. Brian explains the types of agency deference —...more
In this episode AGG Healthcare Litigation co-chair Jason Bring is joined by AGG Healthcare Litigation partners Rich Collins and Damon Eisenbrey to discuss substance use disorder (“SUD”) litigation. The attorneys dive into...more
In this episode AGG Healthcare Litigation co-chair Jason Bring is joined by AGG Healthcare Litigation partners Rich Collins and Damon Eisenbrey to discuss commercial payor litigation. Jason, Rich, and Damon offer a primer for...more
On behalf of the Georgia Hospital Association (“GHA”), AGG Healthcare partner and Post-Acute & Long-Term Care industry team co-chair, Jason Bring, submitted an amicus (friend of the court) brief to the Supreme Court of...more
In this episode, Jason Bring, AGG Healthcare partner and co-chair of the Post-Acute & Long-Term Care team, and Lanchi Nguyen Bombalier, AGG Healthcare partner and member of the Post-Acute & Long-Term Care, Hospitals & Health...more
AGG’s Home Health & Hospice team publishes a quarterly newsletter covering legal and regulatory topics specific to the home and community-based healthcare industry. The fields of end-of-life and home healthcare present...more
Over the last three decades, the OIG has developed a series of voluntary compliance program guidance documents (“CPGs”) directed at various segments of the healthcare industry, such as hospitals, nursing homes, and hospices....more
AGG’s Home Health & Hospice team publishes a quarterly newsletter covering legal and regulatory topics specific to the home and community-based healthcare industry. The fields of end-of-life and home healthcare present...more
In this episode, Jason Bring, AGG Healthcare partner and co-chair of the Post-Acute & Long-Term Care industry team; Matt Brohm, AGG Healthcare partner and co-chair of the Healthcare Private Equity team; and Alex Foster, AGG...more
The US Government Accountability Office (“GAO”) issued a report on December 12, 2022, recommending that the Centers for Medicare and Medicaid Services (“CMS”) expand hospice fraud and abuse reporting requirements to make them...more
For too long, many have talked about the need for community-based palliative care programs as both a precursor to hospice care and even as a stand-alone service. Sure, some have given it a go, but for many others, without...more
After attending the recent annual conference of the National Association for Home Care & Hospice (“NAHC”) in St. Louis, Missouri, and speaking with numerous clients, consultants, and vendors, AGG Healthcare partner, co-chair...more
After more than two years since the initial Provider Relief Fund (“Fund”) disbursement, hospices are beginning to see audits of their Fund expenditures by the U.S. Department of Health & Human Services (“HHS”) Office of the...more
Georgia’s COVID-19 immunity protections for nursing facilities, providers, and businesses will sunset on July 14, 2022, so does this mean dark litigation days lie ahead?
At the height of the COVID outbreak in the spring...more
Since 1925, Congress and the United States Supreme Court have recognized arbitration as a favored means of dispute resolution, offering a faster, more private, and less expensive alternative to the court systems....more
In the wake of the government-wide sequestration cuts in 2011, the hospice industry was not spared. Medicare hospice payments were reduced by two percent in accordance with a sequestration order issued March 1, 2013, pursuant...more
An August 2020 report by the U.S. Department of Health and Human Services Office of the Inspector General recommended that the U.S. Centers for Medicare & Medicaid Services (CMS) revamp its use of the hospital wage index to...more